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good tuesday morning. i'm terry mcsweeney in for eric thomas. and i'm kristen sze. firefighters on the scene of a restaurant fire that sent one firefighter to the hospital. katie marzullo is there live. >> reporter: i'll have you look behind me while i tell you -- [ inaudible ] single engine arrived and did see smoke pouring out of the building -- [ inaudible ] >> obviously, we are having technical problems. we'll get back to katie in a little bit. developing news, san francisco police keeping an eye on small group of occupy protesters who illegally set up in justin herman plaza overnight. the protesters marched all

afternoon into the night in the financial district the anniversary of the occupy wall street movement that began a year ago. the day was loud but peaceful. at times there were about 300 people. organizers say they've been quietly pressuring banks to work with people to adjust loan payment plans. a live report on the developing situation in justin herman plaza at 5:00 with mitt romney is making no apologies this morning -- this morning for a video that sur figuresed. he tells a closed meeting of wealthy donors almost half of all americans believe they are victims, entitled to expensive government support. tahman bradley joins us live in washington with details. >> reporter: good morning. as the romney campaign was trying to hit the reset button on this race, these clips popped up online. obama campaign pounced now the romney team is trying to manage the fallout this

morning the romney campaign is scrambling to explain a secretly recorded tape where romney tells wealthy donors nearly half of all americans see themselves as victims. a magazine posted clips of what they say is romney talking at a fundraiser in may. in one of the clips the candidate says there is a number of americans who will vote for president obama, no matter what. >> there are 47% of the people who will vote for president obama. >> reporter: in another clip romney talks about voters who do not pay income taxes. >> reporter: the obama campaign seized on the

comments. . >> reporter: at a press conference last night romney tried to explain. >> it is not elegantly stated. of course, individuals are going to take responsibility for their life and my campaign is about helping people take more responsibility and becoming employed again. >> reporter: mitt romney says he hopes that all of his remarks from that event would be released. mother jones says the person who shot the video does not work for the obama campaign or the democratic national committee. tahman bradley, abc7 news. >> you can watch or catch mitt romney and his wife ann this morning on live with kelly and michael. the couple recorded this interview in new york on friday. you can watch it at 9:00 this morning, right here on abc7.

today the san francisco ethics commission set to hand off final report on suspended sheriff ross mirkarimi to the board of supervisors. mirkarimi attended a rally yesterday. supervisors will have thirty days from the time they receive the report to decide if mirkarimi should keep or lose his job. his wife was also at that rally she called on supervisors to vote their conscience. the mayor suspended mirkarimi after he pleaded guilty to a domestic violence charge against his wife. she has supported him throughout. cal-state board of trustees meeting in southern california this morning to consider another tuition hike. the 5% increase would go into effect in january at all campuses if voters reject the governor's tax initiative. cal-state prepared a letter to go out, warning of dire consequences if prop 30

doesn't pass. critics say sending the letter would be illegal. >> our role could be reduced we are trying to inform students. >> california law is very clear that taxpayer funds can not be used for political advocacy. >> when they specifically reference prop 30 and the revenue that it would provide, then they've crossed the line. >> csu is denying any political motivation and says the draft e-mail has a link to arguments against prop 30 at the bottom. police asking the public to help identify a gunman who they say robbed and attempted to rape a woman in union city. police say this man is about 5'8, maybe 5'10. distinctive haircut and tattoo on the right side of his neck. police say he attacked woman september 9th, 1030 p.m.. she suffered minor injuries.

if you are -- governor brown's administration is telling federal judges that the early release of any more inmates from california prisons would jeopardize public safety. attorneys filed court papers saying the state would need another six months to come up with a release plan if ordered to do so the ruling upheld by the u.s. supreme court orders california to reduce prison crowding to 137% of capacity by june of next year. corrections officials don't expect to meet that deadline advocates say the state could meet it by releasing inmates early for good behavior. two hundred passengers hoping to leave sfo and head to australia after their flight was cancelled two nights in a row. united airlines flight 863 was scheduled to leave sunday night, passengers were told it was delayed to monday night. last night the flight was again delayed until 9 a.m.

this morning. one angry passenger abc7 news that everyone was given hotel and breakfast vouchers but the airline had already checked their luggage and wouldn't give it back. we are trying to reach united airlines for comment. tuesday, i don't think it is quite full yet, but it is -- quite fall yet, but it is fall, it felt like it really is fall. >> just a few days way. >> couldn't wait i had to announce it early. >> great observation terry, we are losing the most amount of sunshine per day we lose during the year two minutes and 24 seconds, cloud cover not hugging the ground. visibilitys unlimited in the horizontal plain, fog not out there, just a lot of marine layer clouds 1500 to 2,000 feet. culprit area of low pressure has drawn near to the bay area and really put a stubborn sea breeze into our forecast.

temperatures in the low to mid 50s. clouds open up by noon, mid 70s inland. mid 60s bay. mid 50s coast. stay in the 50s better part of today in the coast, may touch upper 60s around 4:00 around the bay and 79 inland, well below average. we are going to be cool again tomorrow, slightly warmer thursday and friday mid 80s inland, low 70s bay, 60 at the coast. an update on that accident from sue. fremont area north 880 auto mall parkway earlier accident tow trucks have taken that away debris in lanes chp may have to do a traffic break to cleanup that mess. howard street closed in san francisco between third and fourth big dream force convention, traffic jammed coming into san francisco off

101 bay bridge on third street most of the week. eastbound 4 loveridge roadwork has that highway shutdown until 5:30 detour in place. northbound and southbound roadwork over the waldo grade, one lane, left lane only as you head to the golden gate bridge construction on the northside should be picked by -- picked up by 6:00. anger against converse -- controversial anti-muslim video -- [ unintelligible ] moving tribute to the american ambassador killed in libya, how his life is giving more meaning to young people he never knew. it's time to change the way we clean.

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brings light and fragrance together, to create a mesmerizing experience in your home. try the new color changing candle. something in the air wick. good tuesday morning. live look downtown san francisco, clouds out there, mike just telling us

more widespread today. what affects will that have on temperatures? as terry observed fall is just about here. >> fall falling in my frontyard. >> exactly. more about that coming up. spokesman for an afghan militant islamist group says it is behind a suicide attack near the kabul airport that killed at least nine. the attack yesterday was carried out by a 22-year-old woman. police say the bomber ran a small sedan loaded with ex-explosives into a minibus at the airport. a -- spokesman says the attack was retaliation for a anti-islam film. -- [ unintelligible ] stevens was remembered by staff and students at the uc hastings law school in san francisco. lilian kim has more.

>> reporter: many of these students knew ambassador christopher stevens. he graduated in 1989. these young men and women felt compelled to take part in a candlelight vigil in his honor. >> he sat in the classrooms, maybe he had the same profess -- professors. >> reporter: he died last week of attack on the u.s. consulate in libya part of a wave of unrest over an"ccñ anti-islam film. video indicates the ambassador was still breathing when a crowd walked through the compound after an assault they carried him to a car which drove him to the hospital. but the government believes he died of smoke inhalation. stevens served as u.s. on to the rebels -- envoy to the

rebels that over through qadhafi. saying saying [ inaudible ] >> i honestly did not think he would -- would go and help a revolution. but i thought he would make his mark on the world. >> sometimes we think about law as contentious, people arguing. here was someone who used the law and legal training in the best possible sense. >> reporter: uc hastings' dean says stevens spirit will live on in the school. lilian kim, abc7 news. still to come, it was supposed to be a thrill with a safe ending. plus, a court ruling this morning in the nude -- well topless, kate middleton photo scandal.

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jet-dry rinses away residues for a sparkling shine. high temperatures today are running close to average in the east bay hills everybody else a little below. 50s coast, 60s bay, 70s inland. main place we'll have 80s would be east bay valleys. cool around the great lakes, 60s there. 70s and 80s everywhere else. warm in seattle 82 portland 89 phoenix 101. baltimore and charlotte both having flight arrival delays. you can see all the wet weather there. here we'll probably have flight delays into sfo. flight tracker, abc7news.com at the bottom. new morning from county emergency crews safely rescued a -- base jumper stuck in a

tree 70 feet above the ground it happened in auburn. authorities say the man is not hurt, but he's uncomfortable, because of a tight harness. the jumper is under the forest hill bridge the highest bridge in the state base jumping involves a parachute to jump from octobers like bridges. they have -- from objects like bridges. in the last hour a french court ruled a magazine that published topless photos of prince william's wife kate has to hand them over within 24 hours everyone the ruling came down this morning as the prince and the duchess continue a 10-day asian tour this is video of yesterday. lawyers went to court yesterday to ask the judge to block the photos. today's ruling only affects one french publication. other magazines in ireland and italy have already published the photos. myanmar's democracy leader is kicking off her 17-day tour

of the u.s. by meeting with secretary of state clinton this morning. she likely to visit the white house although she will be careful not to upstage myanmar's president, heading to the u.s. next week. suu kyi was a political prisoner for much of the last two decades. she will receive the nation's highest civilian honor. another one day delay in space shuttle endeavour's final journey to los angeles scheduled to include a bay area fly-over. stormy weather along the gulf of mexico means the trip from florida can begin until tomorrow. that pushes back a scheduled fly-over above mountain view and san francisco to friday. the final voyage ends in los angeles where it will be permanently displayed at the california science center. let's check in with mike talk about flying yesterday morning we had delays at sfo. what do you predict today

>> i think the same thing, a lot of cloud cover looks like we'll have those delays. we'll let you know how long they are when they let us know. good morning. clouds over the bay area as we look from vollmer peak towards downtown san francisco, live doll ver from the satellite on -- live from vollmer peak from the satellite. low to mid 50s, -- sunshine this afternoon, better part of the morning to get back to the coast. cooler than normal highs the entire seven day forecast autumn arrives saturday morning 7:49. san francisco 62, santa rosa 73. temperatures are going to ebb and flow one to two degrees the next seven days.

we don't have wild swings. air mass isn't going to change much as far as south bay low to mid 70s, 60s peninsula today, 50s coast low to mid 60s downtown south san francisco and sausalito with low to mid 70s north bay valleys. 60s east bay shore union city and fremont 70s mid 70s to mid 80s east bay valleys low to upper 60s monterey bay, upper 70s to near 80 inland. palm springs 104, l.a. 85, 77 san diego, 95 fresno. cooling push moves into sacramento and chico upper 80s today,. back home, clouds for everybody again tonight maybe a little more moisture, mist for your morning commute. 47 santa rosa the cool spot.

here's why the air mass isn't changing much, this area of low with counterclockwise flow still hurling strong sea breeze and morning marine layer clouds that's why temperatures take a little dip tomorrow,. have a great day. couple of areas of interest live to the bay bridge toll, traffic light into san francisco upper deck no delays into san francisco if you are traveling towards the toll plaza, metering lights off. earlier accident 880 north auto mall parkway cleared, chp trying to get the debris out of lanes. nice drive now out of tracy towards the altamont pass into the dublin-pleasanton-livermore area, less than 15 minutes from the altamont pass to 680/ 580. larkspur ferry wants you to know as of october 1st, they

will be discontinuing the 11:40 a.m. and 12:25 if you travel the golden gate ferry there's an update. roadwork with the north 101, 280 extension now with reroute i should say detour in place due to roadwork should be picked up in another couple of minutes. wall street will be watching to see how apple stock does this morning when trading begins. apple stock closed shy of the $700 mark yesterday, up. it went above $700 in after hours trading. 700 club is exclusive the stock is getting a huge boost from unveiling of the iphone 5 this friday. >> reporter: iphone 5 fever keeps building, apple says preorders topped two million in 24 hours. more than double the old

record set by the 4s and many who preordered won't get their phones until next month. some using instant messaging service reporting problems, including messages delayed or lost on the heels of the icloud outage that left users without e-mail for a couple of days. jetblue getting ready to launch free wifi for passengers early next year. all the news that is fit to stream starting today internet archive will put all tv news shows produced since 2009, 350,000 programs on its site. google opening up wall let to compete with facebook -- wallet to compete with facebook and instagram. purchased nick software. facebook completed purchase of

instagram last month for 715 million dollars. no word on how much google paid for nick software. cancer now the leading cause of death among hispanic americans surpassing heart disease. a study finds cancer killed 29,935 hispanic americans in 2009. experts call it a small but significant margin, the study notes death rate from both diseases dropping. one good news. next time you hear that question, got milk? some wonder if you should get it. cookbook author talking about 10% of americans being lactose intolerant. in that same article the committee says there is more marketing than science behind dairy promotion. requiring producers of dairy

products to promote fees -- >> not just consumers' minds. what about doctors? last pediatrician's visit she recommended 2 1/2 glasses a day for each child. >> a lot of doctors are still in favor of it. they are saying many americans are getting away from milk and going to water. >> more on that coming, i'm sure. following developing news in san francisco, a showdown may be brewing between police and occupy protesters. we are at the scene. >> why some witnesses are disputing what police are saying about a bart equipment malfunction in downtown san francisco. loyal a's fans primed for return to the post-season. why they are lining up at the coliseum.